Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-10-22
pRonInIrroxlsrs ALARMED.
Their Cause at stake Before tue
Highest Court OF the Land.

Highest Court OF rne hn""'
WASHINGTON, October 20.-There is
great deal of excitement among tenn
perance people throughout the country
owing to an apprehension th ! the Su-
preme Court Of the United StSses will
declare the prohibitory liquor laws un-
constitutional. Seven cases are pend
ing before the court. Two OF them
come from Kansas, four from Iowa, and
one from Atlanta, Ga. The Kansas |
cases have already been argued in be-
half of the brewers by Senator
Vest, Of Missouri, and Joseph II.
Choate, of New York. To the |
astonishment and indignation of the |
Prohibihonists no one appeared on
their side of the question, and they are
now in great state of excitement for
fear the court will decide, as it naturally
will do, upon the cases as presented er
parte. The blame rests with Attorney
General Bradford, OF Kansas, who had
charge OF the cases and failed for some
reason to put in an appearance.
The first case tried before the State
Supreme Court of Kansas was decided
against the saloonkeepeIs, although
Judge Brewer, then member OF that
court, gave dissenting opinion, in
which be held that under the four
teenth amendment the property or
business of q citizen Sould not be de-
stroyed without compensation, and he
was of opinion that the State would
have to pay damages for all saloons
closed. Soon after rendering this deci-
sion Judge Brewer was elevated TO the
United States Circuit bench, and the
case being appealedto him, was decided
in favor of the liquor interest on the
same grounds that he held while mem
ber Of The lower court.
This was known as the Mengler case.
The brewers then made up another test
case, even stronger than the original
one, to which a Leavenworth brewer
named Ziebold was made party, and
that being carried up to Judge Brewer
was decided in the same way. Both
the Mengler and Ziebold cases were
appealed to the United States Supreme
Court, and the saloon interest was rep
resented at the hearing few days ago
by Senator Vest and Joseph II. Choate,
the Attorney General of Kansas failing,
as has been said, to appear.
Being stirred up by the Prohibition
lists, Judge Bradford telegraphed to
Britain and Gray, attorneys OF this
city, who appeared in court to-day and
asked for q rehearing of the Kansas
cases in order that Bradford might put
in an argument. Commenting upon
the motion, the Court said that Brad
ford would be permitted to file aflida-
Wits showing why he had not appeared
when the case was called, and IL the
afIidavits showed that he had not been
guilty of negligence the Court would
consider the matter. The Court init
mated very plainly that unless the Pro
hibitionists showed some reason why
the laws should not be declared uncon-
stitutional it would be compelled to de-
eide in favor of the points presented
by Vest and Choate. Bradford has
telegrapbed that he is on his way from
Kansas and will be in court Monday
next.
The Prohibitionists have sent Samuel
W. Packard, a prominent member OF
the Chicago bar, here to represent their
interests. Packard arrived to-day, and
in looking over the docket finds five
cases pending similar in all respects tc
those which have already been heard
lie bas telegraphed TO Iowa, from
which four of the cases come, and tc
Atlanta, from which the fifth comes,
and has obtained authority to appear
in behalf of both States. He will
appear in court tomorrow and ask
that these five cases be advanced
on the docket and heard before the
two cases from Kansas already sub
mitted are decided. Whether his re-
quest will be granted is question, and
upon it hangs the hopes of the Prohibi.
tionists, whose cause has been neglected
while the brewers and saloon-keeperi
have been very active. 1t is under.
stood that the Supreme Court at pre-
sent is disposed TO sustain Judge
Brewer in his decision that State
authority may not close up a saloon OF
brewery or a distillery without paying
damages orcompensatiOn in some form
to those whose property has been ren
dered worthless. As is well known, hun
dreds of millions of dollars are invested
in the manufacture and sale of liquor
irf States where prohibitory laws have
been enacted and enforced, and if such
decision as is expected is given, the
States will be compelled to pay i'm
mense sums in the shape Of damages to
those whose investments have been idle
The cases are regarded as of as great
national importance as the famou:
Dred Scott case, and the entire TEN
perance movement will be paralyzed
unless the court decides in its favor.